[Ord. No. 10, § 1, 8-23-1949; Code 1965, § 3.01; Ord. No. 1759, § 1, 10-9-1977; Ord. No. 4411, § 1, 4-23-2013]
No person shall be elected or appointed to the Board of Aldermen who is not at least 21 years of age, a citizen of the United States, an inhabitant and a qualified voter of the City for at least one year and a resident of the respective ward for at least 90 days. Candidates must meet all qualifications as of the date of filing for election or on the date of appointment to office. No person may be elected or appointed to the Board of Aldermen who is either delinquent in the payment of any Crestwood taxes or fees, or a convicted felon.
[Ord. No. 3178, § 1, 1-22-1991; Ord. No. 4668, § 1, 6-28-2016]
The Board of Aldermen shall elect one of its own number who shall be styled president of the Board of Aldermen and who shall serve for a term of one year. When presiding at meetings of the Board of Aldermen in the absence of the Mayor, the president shall have the voting rights of a member of the Board of Aldermen. The president shall not have the voting rights of the Mayor.
[Ord. No. 10, § 2, 8-23-1949; Code 1965, § 3.02; Ord. No. 1485, §§ 1, 2, 3-26-1974; Ord. No. 1859, § 1, 5-11-1982; Ord. No. 4668, § 2, 6-28-2016]
The Board of Aldermen shall hold at least one regular monthly meeting at City Hall or such place as may be designated by resolution of the Board from time to time.
Adjourned meetings may be held for the purpose of completing unfinished business of any meeting, at such times as may be determined by the Board.
Members of the Board shall attend all meetings, and remain at each such meeting until adjournment, unless excused by the Mayor or the Board because of circumstances including, but not limited to, illness, business or personal travel or other similar reason. Attendance by teleconferencing, video conferencing, or other electronic or remote means shall not be permitted unless pre-approved by a majority of the Board of Aldermen and completed pursuant to applicable law. Such remote attendance must allow for simultaneous communication with the remote member. A member shall inform the Mayor of an expected absence and the reason therefore as soon as possible upon learning that he/she will be unable to attend a meeting. If a member intends to leave any meeting prior to adjournment, he/she will inform the Mayor or the Board of the necessity of such departure.
Should any regular or special meeting of the Board be scheduled at a time when unusually inclement weather, unforeseen exigencies or emergency conditions would render attendance at such meeting hazardous or a hardship to those essential to be in attendance or to the members of the public, then such meeting may be canceled or rescheduled by the Mayor, or in his/her absence by the president of the Board. Should such regular or special meeting be rescheduled as provided for above, then the notice provision, as provided for in § 2-24, shall be complied with for the rescheduled meeting.
A tentative agenda for all regular meetings of the Board of Aldermen shall be prepared by the City Administrator and made available to each member of the Board and the Mayor at least 72 hours prior to the commencement of any such regular meeting. Both the Mayor and the City Administrator shall have the discretion to place items on the agenda for a particular meeting. Any one member of the Board of Aldermen may request that an item be placed on the agenda for discussion. Any two members of the Board of Aldermen may request that the City Administrator cause an ordinance or resolution to be prepared for placement on the agenda, provided that such preparation does not incur additional legal costs. The deadline for submission of items on the agenda by members of the Board of Aldermen is established at noon 12 days prior to the Board's regular meeting. Administrative matters of a minor nature or emergency matters may be added after said deadline at the discretion of the City Administrator. No action shall be taken on any subjects not set forth in the final agenda which shall be posted and made available at least 24 hours prior to the commencement of any meeting, except that subjects may be considered and acted upon with three-fourths consent of the Board. The order of items on the agenda may be amended by a majority vote of the Board of Aldermen.
[Code 1965, § 3.03; Ord. No. 4668, § 3, 6-28-2016; Ord. No. 4774, § 1, 8-8-2017]
At any regular or special meeting where a quorum is present, the Mayor may call a special meeting, and unless he/she announces a specific purpose for the meeting any business may be transacted, including the introduction, reading and passing of ordinances. At any regular or special meeting where a quorum is present, the Board of Aldermen may by majority vote call a special meeting for any purpose.
Absent an emergency, the Mayor, at any time, by telephone call, electronic mail, or other written communication provided at least 24 hours before the meeting, may, or at the request of three aldermen shall, call a special meeting of the Board of Aldermen for any purpose, including general purposes and the introduction, reading and adoption of ordinances. The reading or adoption of any ordinance at a special meeting shall comply with Subsection 3.10(f) of the City Charter.
[Ord. No. 17, §§ 1 — 3, 10-25-1949; Code 1965, § 3.04; Ord. No. 4668, § 4, 6-28-2016]
Failure to attend meetings. In the event that a member of the Board of Aldermen misses two consecutive regular meetings of the Board without a valid excuse or leave of absence, the sufficiency of the excuse to be passed upon by the Board, he/she may be removed from office by resolution of the Board at any regular meeting of the Board, whether or not the member in question is present, such resolution to be voted upon favorably by at least two-thirds of all of the members of the Board.
Failure to perform duties. In the event any member of the Board is consistently delinquent in his/her duties and fails to perform duties assigned to him/her by the Mayor and Board of Aldermen in the regular course of business, charges to that effect may be filed against him/her by the Mayor or any member of the Board. Such charges may include those against a member who violates the confidentiality of a discussion at a closed meeting lawfully held in accordance with the Missouri Sunshine Law (RSMo. 610.010 et seq.), as amended, or who releases a record validly closed under the Missouri Sunshine Law. The member in question shall be notified to appear at the next regular meeting of the Board where he/she may be heard in his/her own defense. If the charges are proven to the satisfaction of at least two-thirds of all the members of the Board it may, by resolution voted upon favorably by at least two-thirds of all the members of the Board, remove said member.
Resignation. Resignation of a member of the Board of Aldermen shall be made by a written letter addressed to the Mayor and members of the Board of Aldermen, and shall be filed with the City Administrator, who shall present such resignation at the next meeting of the Board of Aldermen. The resignation shall be effective on the date of filing with the City Administrator.
Filling vacancy. Vacancies occurring under this section shall be filled in the manner as provided by Subsection 3.7(c) of the Charter.
[Ord. No. 10, § 4, 8-23-1949; Code 1965, § 3.05]
A quorum shall constitute one more than half of the total number of members of the Board of Aldermen. If a quorum fails to attend any meeting it shall stand adjourned until the next regular or special meeting.
[Ord. No. 10, § 5, 8-23-1949; Ord. No. 38, § 5, 5-11-1950; Code 1965, § 3.06; Ord. No. 4668, § 5, 6-28-2016]
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two members, provided however, that in the note of final passage of any ordinance the "ayes" and "nays" must in all cases be entered in the journal, showing the vote of each alderman in attendance.
All minutes of the regular and special meetings of the Board of Aldermen shall be included in the journal. Minutes of all meetings of the Board shall be approved or corrected at the next regular or special meeting of the Board. A separate record shall be kept of closed sessions, which record shall remain closed to public inspection or to legal process, except as otherwise provided by law.
[Ord. No. 10, § 6, 8-23-1949; Code 1965, § 3.07; Ord. No. 1744, § 1, 6-26-1979; Ord. No. 4686, § 1, 9-13-2016; Ord. No. 4762, § 6, 6-15-2017]
Composition. A standing committee known as the ways and means committee shall consist of the Mayor and all members of the Board of Aldermen.
Meetings and quorum. The ways and means committee shall hold meetings at least once per year at a time scheduled by the chairperson. Additional meetings may be scheduled at any time by the chairperson. A quorum shall constitute one more than half of the total number of members of the Board of Aldermen.
Attendance. Members of the Board shall attend all meetings, and remain at each such meeting until adjournment, unless excused by the Mayor or the Board.
Duties and responsibilities. The ways and means committee shall provide advice and recommendations to the Mayor, Board of Aldermen and City Administrator on policy matters relating to the overall financial condition of the City. The ways and means committee participates in the annual budget process pursuant to § 2-96.
Chairperson. The Mayor shall be the chairperson of the ways and means committee.
Ex officio members. The City Administrator and finance officer shall be ex officio members and nonvoting members of the ways and means committee, acting in advisory capacities and shall attend all meetings unless excused by the Mayor. If the City Administrator is unable to attend any such meeting, a representative shall be designated to attend by the City Administrator.
Clerical staff. The ways and means committee shall be provided with a clerical staff person by the City administration, who is not a voting member of the committee. It shall be the duty of this staff to take minutes of the proceedings of the committee. A set of minutes of the ways and means committee meetings shall be made public in accordance with applicable state law.
[Ord. No. 10, § 8, 8-23-1949; Code 1965, § 3.08; Ord. No. 38, §§ 1 — 3, 5-11-1950; Ord. No. 3081, § 1, 9-13-1988; Ord. No. 3126, § 1, 9-12-1989; Ord. No. 4653, § 1, 4-26-2016]
Introduction; numbering. Bills may be introduced by any member of the Board of Aldermen and shall be numbered by the City Clerk in numerical order, starting over with No. 1 after each general or annual election. Ordinances shall be numbered consecutively and in numerical order when approved or passed over the Mayor's veto.
Reading bills. All bills shall be read, by title or in full, two times before passage. Each bill may be read by title only, provided that copies of the proposed ordinance are made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen pursuant to Subsection 3.10(f) of the Charter and have been posted on the City website and/or outside the Board of Aldermen chambers. A bill shall be read in full if so directed upon the affirmative vote of a majority of the members present. A bill may be read the first time by the alderman introducing it, or by the clerk at the request of either the Mayor or the alderman introducing it, and provided the introduction of bills is then in order, without a vote of the members.
Consent agenda. Minutes, bills, resolutions, proclamations and other business items may be placed on a consent agenda for consideration of multiple items at once. Ordinances on the consent agenda must still be considered in accordance with the other subsections in this § 2-29 of the Municipal Code. Any single member of the Board of Aldermen may request an item be moved off the consent agenda and on to the regular meeting agenda. An item must be moved off the consent agenda to the regular agenda by an alderman before the following motions are in order with respect to an item: lay on the table; commit or refer to a committee; postpone to a certain time; postpone indefinitely; amend; previous question; and object to consideration of a question. The City Clerk may be instructed by the Mayor with the approval of all of the members to read the titles of all items on the consent agenda two times consecutively. Following completion of the clerk's second reading of the titles on the consent agenda, the items on the consent agenda shall be voted on by the Board of Aldermen for final passage.
Second reading; final passage. No bill shall be given a second reading at the same meeting at which it is introduced, without approval of a motion for such reading by a favorable vote of all of the members present. After a bill has been read a second time, it may be acted upon for final passage at that meeting or at any subsequent meeting.
Action by the Mayor. When a bill is passed by the Board of Aldermen with the required vote for passage, it shall be signed by the Mayor or responded to in accordance with Subsection 4.4(b) of the Charter and show the date of passage, and the Mayor's signature shall be attested by the City Clerk and seal affixed.
No ordinance appropriating money shall be passed unless there are funds currently budgeted sufficient to cover the appropriation or, if unbudgeted, there are unappropriated funds available as certified by the treasurer.
[Ord. No. 43, §§ 1 — 5, 6-27-1950; Ord. No. 138, § 1, 5-19-1953; Code 1965, § 4.25]
Method. Unless otherwise specifically provided in this Code, any person may appeal to the Board of Aldermen from any ruling or decision of any officer, board, bureau, department, division or other agency of the City as provided in this section.
Request for hearing. A written request for a hearing before the Board shall be filed with the City Clerk/Collector within 30 days from the date of the ruling or decision complained of, unless further time is granted by order of the Board of Aldermen.
Hearing. The Board of Aldermen shall hear the entire matter in a summary manner and may affirm, overrule or modify the ruling or decision complained of to conform to law and the ordinances of the City and in the interests of justice to the parties concerned.
Exception. This section shall not apply to decisions or judgments and rulings of the municipal judge.
[Ord. No. 4668, § 6, 6-28-2016]
Duties of presiding officer. The Mayor or, in the absence of the Mayor, the president of the Board of Aldermen, shall be the presiding officer and shall:
Preserve strict order and decorum at all regular and special meetings of the Board of Aldermen and enforce the rules set forth in this section;
State every question coming before the Board;
Announce the decision of the Board on all subjects and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine the question of order. The City Attorney shall serve as parliamentarian and may provide advisory opinions on questions of order and procedure (and shall do so upon request of the presiding officer or any member of the Board of Aldermen, or upon the City Attorney's opinion that a provision of the Charter is not being adhered to).
The presiding officer may not close debate or call for a vote on either a motion for a first reading or second reading on a matter so long as any member or the City Administrator who has not exhausted his/her right to debate (or had his/her right to debate extended by way of a majority vote pursuant to subsection (d)(1) of this section) desires the floor, unless debate be closed by a two-thirds vote of the Board of Aldermen by way of motion for the previous question or similar motion. Upon the conclusion of debate, absent other procedural motions, the presiding officer shall put the matter to a vote.
When the reading of a proposed ordinance is the next item of business at a meeting, the presiding officer shall indicate that discussion may commence absent any objection. Objections to consideration or discussion of agenda items shall be presented by procedural motion. Absent a procedural objection, discussion of the item shall be in order.
Call to order. The presiding officer shall take the chair at the hour appointed for the meetings of the Board of Aldermen and shall call the Board to order. In the absence of the presiding officer, the City Clerk shall call the Board to order, whereupon a temporary chairman shall be selected by the members of the Board present who shall have the duties and enforce the rules set forth in this section. Upon the arrival of the presiding officer, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Board.
Robert's Rules of Order adopted. In the absence of a conflicting Charter or Code provision, Robert's Rules of Order, Newly Revised (11th Edition) is adopted and shall govern all meetings of the Board of Aldermen.
Rules of debate and procedure. In addition (or in contravention such as the case may be) to the rules of debate contained in Robert's Rules of Order, the following rules of debate shall apply:
Obtaining the floor. Every member or City Administrator desiring to speak at a meeting of the Board of Aldermen shall indicate as such using the button and light system provided, and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. The presiding officer shall recognize the members or City Administrator in the order that they have indicated that they wished to be recognized as best as he or she is able; however, on matters placed on the agenda at the City Administrator's request, the City Administrator shall be given the first opportunity to speak concerning the matter. No member shall be recognized to speak a second time on the same subject until every other member shall have had an opportunity to be heard. Questions asked of the City Administrator and his/her responses thereto shall not count against this limit. No member or City Administrator shall be recognized to speak more than two times on the same subject, or for longer than 10 minutes at one time, without approval of the majority of the Board of Aldermen. Questions asked of the City Administrator and his/her responses thereto shall not count against these limits.
Interruptions. A member of the Board of Aldermen or City Administrator, once recognized, shall not be interrupted when speaking unless it be to call the member or City Administrator to order or as otherwise allowed by these or Robert's Rules of Order. If a member or City Administrator while speaking is called to order, the member or City Administrator shall cease speaking until the question of order is determined and, if in order, the member or City Administrator shall be permitted to proceed.
Motion to reconsider. A motion to reconsider is in order at any time during the same meeting or at any regular meeting held thereafter, but not otherwise except as provided for herein (absent two-thirds of the members consenting). A motion for reconsideration being once made, and voted upon, shall not be renewed, nor shall the vote to reconsider be reconsidered. A motion to reconsider shall require the affirmative vote of a majority of all the members of the Board for its adoption. Such a motion can only be made by a member who voted with the prevailing side on the original motion. Motions that are made and disposed of without being adopted may not be made again (or renewed) presenting substantially the same question until six months have passed or the composition of the Board of Aldermen has changed (absent two-thirds of the members consenting). Matters that are presented again to the Board of Aldermen more than six months after the Board's initial rejection of such matter, or after the composition of the Board of Aldermen has changed, are considered to be a new matter and thus not restricted by the limitations on reconsideration or renewal of motions. No vote or action of the Board of Aldermen shall be reconsidered at any special meeting unless there be present at such meeting as many members of the Board as were present when such vote or action was taken.
Withdrawal of motions. A proposer may withdraw his/her own motion at any time prior to a final vote upon being recognized by the presiding officer.
Suspending the rules. Unless prohibited by the Charter, these or Robert's Rules of Order may be suspended by a two-thirds vote of the Board of Aldermen.
Addressing the Board and public comment. A time for public comment on general matters and proposed ordinances shall be allowed and provided for on the agenda at all public meetings of the Board of Aldermen in accordance with Subsections 3.10(a) and 3.10(f) of the Charter. The time for public comment shall be prior to old business and new business as set forth in the order of business herein, or as otherwise provided for by two-thirds vote of the Board of Aldermen. During a regular meeting of the Board of Aldermen, any person desiring to address the Board shall first secure the permission of the presiding officer to do so. Public comments shall be limited to remarks concerning items on the agenda, proposed ordinances, and/or concerning any matter of the City's business, relating to the City, or any matter over which the Board has control. Each person addressing the Board of Aldermen shall give his/her name and home address or place of business in an audible tone of voice for the record and, unless further time is granted by motion approved by the majority of the Board of Aldermen, shall limit his/her address to five minutes. Members of the Board of Aldermen with questions for the speaker may request an answer to such questions or another person in the audience duly recognized by the presiding officer may request the presiding officer, in the presiding officer's discretion, to inquire of the speaker on his or her behalf (in which case the four minute time limit shall be suspended during the duration of any such request). Irrelevant, disruptive, or abusive remarks from the public may be closed off at any time by the presiding officer. All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. Questions may be asked of the Mayor and City Administrator. No question shall be asked of an alderman, the City Attorney, or any City employee other than the City Administrator except through the presiding officer. No public comments shall be entertained after the time for public comments on the agenda unless authorized by a majority vote of the Board of Aldermen. The time limit on individuals and on the entire public comment period shall not apply to public hearings. Time limits in all public hearings shall be determined by the presiding officer, consistent with law.
By Board members and City Administrator. While the Board of Aldermen is in session, its members and City Administrator must preserve order and decorum and a member or City Administrator shall neither, by conversation or otherwise, delay or interrupt the proceeding or the peace of the Board, nor disturb any member while speaking or refuse to obey the orders of the presiding officer, except as otherwise provided in these or Robert's Rules of Order. Aldermen shall confine themselves to the question under discussion.
By persons. Any person who, after a warning from the presiding officer, continues to make impertinent, threatening, or slanderous remarks or who shall become disruptive while addressing the Board of Aldermen shall be forthwith, by or at the instruction of the presiding officer, removed from the meeting and/or barred from further addressing the Board, unless permission to continue be granted by a two-thirds vote of the Board. It shall be unlawful and shall constitute a disturbance of the peace for any person to intentionally disrupt or disturb any meeting of the Board of Aldermen or of any board or committee of the City of Crestwood. Any person violating the provision of this section shall be fined not less than $25 nor more than $500 for each offense.
Sergeant-at-arms. The Chief of Police or the highest ranking police officer present shall serve as sergeant-at-arms at the meetings of the Board of Aldermen and such other meetings of the City's boards and commissions as determined necessary by the City Administrator. The sergeant-at-arms shall carry out all lawful orders and instructions given by the presiding officer (or other chairman of the board or committee meeting) or City Administrator for the purpose of maintaining order and peaceably conducting the business of the meeting.
Order of business. The order of business, unless good cause exists for deviation, shall be as follows:
[Amended 10-9-2018 by Ord. No. 4910]
Call to order and Pledge of Allegiance;
Presentations, communications and appointments;
Mayor, Board of Aldermen, and City Administrator reports and/or comments;
Approval of consent agenda;
Items removed from consent agenda;
Introduction of bills or future issues;
[Added 3-26-2020 by Ord. No. 5043]
The Mayor shall have the power to issue proclamations, including proclamations related to emergencies or planning for or responding to disasters, at or outside of Board of Aldermen meetings. All proclamations that have been issued outside of a Board of Aldermen meeting, and all proclamations that have been proposed for consideration at a Board of Aldermen meeting shall be included on the next Board of Aldermen meeting agenda under the "Presentations, communications and appointments" or the "Consent Agenda" portion of the agenda. The Board of Aldermen may rescind any issued proclamation or reject any proposed proclamation by a vote of 2/3 of the entire authorized membership of the Board of Aldermen.